BILL NUMBER: SB 1327	CHAPTERED  09/29/00

	CHAPTER   886
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	AMENDED IN ASSEMBLY   JUNE 21, 2000
	AMENDED IN SENATE   MAY 9, 2000
	AMENDED IN SENATE   APRIL 25, 2000
	AMENDED IN SENATE   APRIL 24, 2000
	AMENDED IN SENATE   APRIL 5, 2000
	AMENDED IN SENATE   MARCH 15, 2000

INTRODUCED BY   Senator Escutia
   (Coauthors:  Senators Burton, Hughes, Polanco, Sher, Solis, and
Soto)
   (Coauthors:  Assembly Members Alquist, Aroner, Calderon, Cedillo,
Correa, Dutra, Firebaugh, Havice, Keeley, Knox, Kuehl, Nakano, Reyes,
Shelley, Steinberg, Vincent, and Washington)

                        JANUARY 3, 2000

   An act to repeal and add Sections 44031 and 87031 of the Education
Code, to add Sections 18001, 36501.5, and 53060.3 to, and to repeal
and add Section 31011 of, the Government Code, and to repeal and add
Section 1198.5 of the Labor Code, relating to inspection of personnel
files.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1327, Escutia.  Employees:  inspection of personnel records by
employees.
   (1) Existing law requires employers to make employee personnel
files available for inspection by employees, and prescribes
procedures for that inspection.  Existing law exempts from this
requirement, public employers, the state or any state agency, and
specified public school districts.  Other existing law requires
public school districts, community colleges, cities, counties, or
local agencies to also make personnel records available to employees,
and prescribes various procedures for this inspection, depending on
who the employer is.
   This bill would harmonize the law applicable to all of the above
employers with regard to inspection of personnel files.  The bill
would require an employer to make the contents of personnel files
available to an employee at reasonable intervals and reasonable
times, as provided, but would exempt from inspection, records
relating to the investigation of a criminal offense, letters of
reference, and specified ratings and reports.
   This bill would also provide that, with respect to a public school
district or a community college, information of a derogatory nature
shall not be entered into an employee's personnel records unless the
employee is given an opportunity to review and comment on that
information.  The bill would exempt public safety officers and
employees of state agencies from its provisions.  By imposing new
duties on local agencies, the bill would impose a state-mandated
local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 44031 of the Education Code is repealed.
  SEC. 2.  Section 44031 is added to the Education Code, to read:
   44031.  (a) Every employee has the right to inspect personnel
records pursuant to Section 1198.5 of the Labor Code.
   (b) In addition to subdivision (a), all of the following shall
apply to an employee of a school district:
   (1) Information of a derogatory nature shall not be entered into
an employee's personnel records unless and until the employee is
given notice and an opportunity to review and comment on that
information.  The employee shall have the right to enter, and have
attached to any derogatory statement, his or her own comments.  The
review shall take place during normal business hours and the employee
shall be released from duties for this purpose without salary
reduction.
   (2) The employee shall not have the right to inspect personnel
records at a time when the employee is actually required to render
services to the district.
   (3) A noncredentialed employee shall have access to his or her
numerical scores obtained as a result of a written examination.
   (4) Except as provided in paragraph (3), nothing in this section
shall entitle an employee to review ratings, reports, or records that
(A) were obtained prior to the employment of the person involved,
(B) were prepared by identifiable examination committee members, or
(C) were obtained in connection with a promotional examination.
  SEC. 3.  Section 87031 of the Education Code is repealed.
  SEC. 4.  Section 87031 is added to the Education Code, to read:
   87031.  (a) Every employee has the right to inspect personnel
records pursuant to Section 1198.5 of the Labor Code.
   (b) In addition to subdivision (a), all of the following shall
apply to an employee of a school district:
   (1) Information of a derogatory nature shall not be entered into
an employee's personnel records unless and until the employee is
given notice and an opportunity to review and comment on that
information.  The employee shall have the right to enter, and have
attached to any derogatory statement, his or her own comments.  The
review shall take place during normal business hours and the employee
shall be released from duty for this purpose without salary
reduction.
   (2) The employee shall not have the right to inspect personnel
records at a time when the employee is actually required to render
services to the district.
   (3) Nothing in this section shall entitle an employee to review
ratings, reports, or records that (A) were obtained prior to the
employment of the person involved, (B) were prepared by identifiable
examination committee members, or (C) were obtained in connection
with a promotional examination.
  SEC. 5.  Section 18001 is added to the Government Code, to read:
   18001.  Every employee has the right to inspect personnel records
pursuant to Section 1198.5 of the Labor Code.
  SEC. 6.  Section 31011 of the Government Code is repealed.
  SEC. 7.  Section 31011 is added to the Government Code, to read:
   31011.  Every employee has the right to inspect personnel records
pursuant to Section 1198.5 of the Labor Code.
  SEC. 8.  Section 36501.5 is added to the Government Code, to read:

   36501.5.  Every employee has the right to inspect personnel
records pursuant to Section 1198.5 of the Labor Code
  SEC. 9.  Section 53060.3 is added to the Government Code, to read:

   53060.3.  (a) Every employee of a local agency has the right to
inspect personnel records pursuant to Section 1198.5 of the Labor
Code.
   (b) As used in this section:
   (1) "City" means any city or municipal corporation, whether
general law city or charter city.
   (2) "County" means any county, whether general law county or
charter county, including a city and county.
   (3) "Local agency" means any city, county, city and county,
special district, authority, community redevelopment agency, or other
political subdivision of the state.
  SEC. 10.  Section 1198.5 of the Labor Code is repealed.
  SEC. 11.  Section 1198.5 is added to the Labor Code, to read:
   1198.5.  (a) Every employee has the right to inspect the personnel
records that the employer maintains relating to the employee's
performance or to any grievance concerning the employee.
   (b) The employer shall make the contents of those personnel
records available to the employee at reasonable intervals and at
reasonable times.  Except as provided in paragraph (3) of subdivision
(c), the employer shall not be required to make those personnel
records available at a time when the employee is actually required to
render service to the employer.
   (c) The employer shall do one of the following:
   (1) Keep a copy of each employee's personnel records at the place
where the employee reports to work.
   (2) Make the employee's personnel records available at the place
where the employee reports to work within a reasonable period of time
following an employee's request.
   (3) Permit the employee to inspect the personnel records at the
location where the employer stores the personnel records, with no
loss of compensation to the employee.
   (d) The requirements of this section shall not apply to:
   (1) Records relating to the investigation of a possible criminal
offense.
   (2) Letters of reference.
   (3) Ratings, reports, or records that were:
   (A) Obtained prior to the employee's employment.
   (B) Prepared by identifiable examination committee members.
   (C) Obtained in connection with a promotional examination.
   (4) Employees who are subject to the Public Safety Officers
Procedural Bill of Rights, Chapter 9.7 (commencing with Section 3300)
of Division 4 of Title 1 of the Government Code.
   (5) Employees of agencies subject to the Information Practices Act
of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of
Division 3 of the Civil Code).
   (e) The Labor Commissioner may adopt regulations that determine
the reasonable times and reasonable intervals for the inspection of
records maintained by an employer that is not a public agency.
   (f) If a public agency has established an independent employee
relations board or commission, an employee shall first seek relief
regarding any matter or dispute relating to this section from that
board or commission before pursuing any available judicial remedy.
   (g) In enacting this section, it is the intent of the Legislature
to establish minimum standards for the inspection of personnel
records by employees.  Nothing in this section shall be construed to
prevent the establishment of additional rules for the inspection of
personnel records that are established as the result of agreements
between an employer and a recognized employee organization.
  SEC. 12.  In adding Sections 36501.5 and 53060.3 to, and in
repealing and adding Section 31011 of, the Government Code by this
act, it is the intent of the Legislature that those sections, in
addition to applying to a general law city or county, as appropriate,
also apply to a charter city or a charter county, including a city
and county.  The Legislature further finds and declares that the
right of employees to inspect personnel records is a fundamental
right of employment and, as such, constitutes an issue of statewide
concern and is not a municipal affair.
  SEC. 13.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.
